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PUBLIC HEALTH AND WELFARE 651
has examined the individual and is of the opinion that he is
mentally ill and should be hospitalized or a written statement by
the applicant that the individual has refused to submit to examination by a licensed physician.
2. Upon receipt of an application the court shall give notice
thereof to the proposed patient, to his legal guardian, if any, and
to his spouse, parents, and nearest known other relative or friend.
3. As soon as practicable after notice of the commencement
of proceedings is given the court shall appoint two designated
examiners or two licensed physicians to examine the proposed patient and report to the court their findings as to the mental condition of the proposed patient and his need for custody, care, or
treatment in a mental hospital.
4. The examination shall be held at a hospital or other medical
facility, at the home of the proposed patient, or at any other suitable place not likely to have a harmful effect on his health.
5. If the report of the designated examiners or two licensed
physicians is to the effect that the proposed patient is not mentally
ill, the court may without taking any further action terminate the
proceedings and dismiss the application; otherwise, it shall forthwith fix a date for and give notice of a hearing to be held not less
than five nor more than fifteen days from receipt of the report.
6. The proposed patient, the applicant, and all other persons
to whom notice is required to be given shall be afforded an opportunity to appear at the hearing, to testify, and to present and cross-
examine witnesses, and the court may in its discretion receive the
testimony of any other person. The proposed patient shall not be
required to be present, and all persons not necessary for the conduct of the proceedings shall be excluded, except as the court may
admit persons having a legitimate interest in the proceedings. The
hearings shall be conducted in as informal a manner as may be
consistent with orderly procedure and in a physical setting not
likely to have a harmful effect on the mental health of the proposed
patient. The court shall receive all relevant and material evidence
which may be offered and shall not be bound by the rules of evidence. An opportunity to be represented by counsel shall be
afforded to every proposed patient, and if neither he nor others
provide counsel, the court shall appoint counsel.
7. If, upon completion of the hearing and consideration of the
record, the court finds that the proposed patient
(1) Is mentally ill, and
(2) Because of his illness is likely to injure himself or others
if allowed to remain at liberty, or
(3) Is in need of custody, care or treatment in a mental hospital and, because of his illness, lacks sufficient insight or capacity
to make responsible decisions with respect to his hospitalization,
it shall order his hospitalization for an indeterminate period or for
a temporary observational period not exceeding six months; other-

Due to electronic file size limitations, Laws of Missouri, 1953 has been electronically separated into three parts. Part I, B contains the regular session, pages 401-761. Original pagination has been kept. Blank pages have not been digitized. Images are the best available.

PUBLIC HEALTH AND WELFARE 651
has examined the individual and is of the opinion that he is
mentally ill and should be hospitalized or a written statement by
the applicant that the individual has refused to submit to examination by a licensed physician.
2. Upon receipt of an application the court shall give notice
thereof to the proposed patient, to his legal guardian, if any, and
to his spouse, parents, and nearest known other relative or friend.
3. As soon as practicable after notice of the commencement
of proceedings is given the court shall appoint two designated
examiners or two licensed physicians to examine the proposed patient and report to the court their findings as to the mental condition of the proposed patient and his need for custody, care, or
treatment in a mental hospital.
4. The examination shall be held at a hospital or other medical
facility, at the home of the proposed patient, or at any other suitable place not likely to have a harmful effect on his health.
5. If the report of the designated examiners or two licensed
physicians is to the effect that the proposed patient is not mentally
ill, the court may without taking any further action terminate the
proceedings and dismiss the application; otherwise, it shall forthwith fix a date for and give notice of a hearing to be held not less
than five nor more than fifteen days from receipt of the report.
6. The proposed patient, the applicant, and all other persons
to whom notice is required to be given shall be afforded an opportunity to appear at the hearing, to testify, and to present and cross-
examine witnesses, and the court may in its discretion receive the
testimony of any other person. The proposed patient shall not be
required to be present, and all persons not necessary for the conduct of the proceedings shall be excluded, except as the court may
admit persons having a legitimate interest in the proceedings. The
hearings shall be conducted in as informal a manner as may be
consistent with orderly procedure and in a physical setting not
likely to have a harmful effect on the mental health of the proposed
patient. The court shall receive all relevant and material evidence
which may be offered and shall not be bound by the rules of evidence. An opportunity to be represented by counsel shall be
afforded to every proposed patient, and if neither he nor others
provide counsel, the court shall appoint counsel.
7. If, upon completion of the hearing and consideration of the
record, the court finds that the proposed patient
(1) Is mentally ill, and
(2) Because of his illness is likely to injure himself or others
if allowed to remain at liberty, or
(3) Is in need of custody, care or treatment in a mental hospital and, because of his illness, lacks sufficient insight or capacity
to make responsible decisions with respect to his hospitalization,
it shall order his hospitalization for an indeterminate period or for
a temporary observational period not exceeding six months; other-